scholarly journals Implementasi Qawaid Fiqhiyyah Dalam Ekonomi Dan Industri Keuangan Syariah

2018 ◽  
Vol 19 (2) ◽  
pp. 77-90
Author(s):  
Irwan Maulana
Keyword(s):  
Economic Life ◽  
Original Text ◽  
Financial Industry ◽  
Practical Guide ◽  
Procedural Law ◽  
Law And Justice ◽  
Financial Transactions

The existence of Islamic Principles of Jurisprudences (qawa'id fiqhiyyah) is to provide a more practical guide derived from the original text, namely al-Qur'an and al- Hadith to the community. With this, some theologians (ulama) can prepare life guidelines for Muslims in different spheres from time to time and place to place. As is known, Islam gives its people the opportunity through those who have the authority to carry out ijtihad in various ways guided by the Messenger of Allah, through ijma', qiyas, istihsan, istishab, istislah (masalihul-mursalah) and so on to look for truth that has not been explained in detail in the Qur'an and the Hadith of the Muhammad SAW. Likewise, in economic life, or in the treasury of the works of earlier fuqaha commonly called muamalah, the use of qawa'id fiqhiyyah becomes very important. "All forms of muamalah are basically changed (permissible) unless there is a argument that forbids it". This qaidah is the main qaidah in every halal of all forms of economic and financial transactions unless there is a reason for the sharia prohibition. There are at least five qa'idah-hakyyah known as al-Asasiyyatul-Khamsah which in its application ulama classify qawa'id into six different fields, namely mahdhah (special) worship, ahwal as-Syahshiyyah (personal and family matters), you 'amalah maaliyah (economic transactions), jinayah (criminality), siyasah (politics), and fiqh qadhaya (procedural law and justice). The purpose of this paper is to find out how the implementation or implementation of qawaid fiqhiyyah in the sharia economy and financial industry.

Mandate and the Management of Business in the Roman Empire

2020 ◽  
pp. 307-338
Author(s):  
Dennis P. Kehoe
Keyword(s):  
Roman Empire ◽  
Financial Risk ◽  
Credit Market ◽  
Economic Life ◽  
Upper Class ◽  
Roman Society ◽  
Major Form ◽  
Property Owners ◽  
Financial Transactions

This chapter examines the role that the contract of mandate (mandatum) and the related institution of “unauthorized administration” (negotia gesta) played in Roman economic life. Mandate represented a major form of agency in Roman society, but it presents problems of incentives because it was uncompensated: the agent might carry out significant tasks for the principal, or mandator; these tasks might involve considerable expense and even financial risk on the part of the agent, but the agent was not to profit from his service. On the basis of juridical evidence from the Digest and the Code of Justinian, I examine how mandate transformed a relationship that had its roots in upper-class Roman notions of friendship and reciprocity into a contractual form that remained useful as it provided property owners advantages with high-valued financial transactions, such as the purchase of property. In addition, it provided a useful way for Roman businesspeople to overcome problems of information in the credit market.

scholarly journals Implementation of the Concept of Al-'Uqûd Al-Murakkabah on Sharia Financial Institutions

2017 ◽  
Vol 1 (1) ◽  
pp. 31-44
Author(s):  
Atep Setiadi
Keyword(s):  
Qualitative Methods ◽  
Financial Institutions ◽  
Financial Institution ◽  
Financial Industry ◽  
Financial Transactions

This paper is intended to analyze philosophically about the existence of al-'Uqûd al-Murakkabah. This paper focuses its assessment on the opinions of scholars of hadith and fiqh (muamalah), as well as its application in Sharia Financial Institutions. This assessment is important because transactions in the form of a single contract are incapable of responding to the development of contemporary financial transactions that are always in motion and are influenced by the financial industry both nationally, regionally and internationally. Using qualitative methods and literature studies in this study it can be concluded that, first, fiqh muamalah contemporary in hadith traditions related to hybrid contract model there is a ban of two contracts in one transaction (bai'ataini fi bai'atin), ban two agreements in one The agreement (shafqa taini fi shafqatin) and the prohibition of the sale and purchase agreements and the ordering of goods (bay 'and salaf); second, the use of hybrid contracts at the Sharia Financial Institution is directed to the manufacture of al' Uqud al-Mutaqâbilah (Dependent or Conditional Contract).

scholarly journals DAYA TAHAN BAITUL MAL WAT TAMWIL DALAM ARUS REVOLUSI INDUSTRI 4.0

2020 ◽  
Vol 14 (2) ◽  
pp. 77-90
Author(s):  
Eja Armaz Hardi
Keyword(s):  
Industrial Revolution ◽  
Financial Institution ◽  
Descriptive Analysis ◽  
Microfinance Institutions ◽  
Financial Industry ◽  
Middle Income ◽  
Transaction Process ◽  
Qualitative Descriptive ◽  
Financial Transactions ◽  
Financial Technology

Abstrak - Artikel ini bertujuan untuk menganalisa ketahanan Baitul Mal wat Tamwil (BMT) di dalam arus revolusi industri 4.0 pada bidang financial technology (fintech). BMT merupakan salah satu Lembaga Keuangan Mikro Syariah (LKMS) di Indonesia yang memiliki segmentasi konsumen spesifik yaitu masyarakat low-middle income dan tidak memiliki akses kepada perbankan (unbankable). BMT terbukti memiliki peran signifikan dalam membantu mengurangi tingkat kemiskinan di Indonesia dengan program pemberdayaan yang dimilikinya. Di saat bersamaan, proses manajemen yang berlaku pada BMT masih relatif berbelit dan panjang, seperti pendampingan pra-pembiayaan, proses pembiayaan dan pasca pembiayaan. Akan tetapi, satu dekade terakhir, perkembangan teknologi finansial (fintech) melakukan inovasi yang signifikan dalam bidang industri keuangan. Salah satu signifikansi dari inovasi fintech adalah mendistrupsi atau memotong jalur panjang administrasi yang berlaku selama di lembaga keuangan. Di samping itu ia juga menawarkan kecepatan, mobilitas dan akurasi proses transaksi keuangan masyarakat. Dengan menggunakan analisis deskriptif kualitatif, artikel ini menemukan bahwa, walaupun fintech menawarkan inovasi yang distrubtif dalam transaksi keuangan saat ini, BMT cenderung akan tetap bertahan dengan distingsi dan segmentasi yang dimilikinya. Akan tetapi, resistensi tersebut menjadi berbeda ketika penduduk Indonesia yang berusia di atas 65 tahun saat ini disubstitusi oleh generasi milenial pada tahun 2035. Oleh karena itu, artikel ini merekomendasikan bahwa untuk menghindari penurunan peran dalam membantu masyarakat menengah ke bawah dalam hal finansial, BMT harus menyesuaikan diri dengan melakukan inovasi, integrasi, interkoneksi dengan perusahaan fintech.    Abstract - This article aims to analyze the resilience of the Baitul Mal wat Tamwil (BMT) in the era of industrial revolution 4.0 in the field of financial technology (fin-tech). BMT is one of the Sharia Microfinance Institutions (LKMS) in Indonesia has specific consumer segmentation, namely low-middle income people and no access to banks (un-bankable). BMT has proven to have a significant role in helping to reduce poverty levels in Indonesia with its empowerment program. At the same time, the management processes that apply to BMTs are still relatively complicated and long, such as pre-financing assistance, financing processes and post-financing. However, in the last decade, the development of fin-tech has made significant innovations in the financial industry. One significance of fin-tech innovation is the distribution or cutting of the long administrative path that applies while at a financial institution. In addition, he also offers the speed, mobility and accuracy of the public financial transaction process. Using a qualitative descriptive analysis, this article finds that, although fin-tech offers constructive innovation in current financial transactions, BMTs will tend to survive with their distinction and segmentation. However, this resistance becomes different when the Indonesian population aged over 65 years would substituted by millennial generation in 2035. Therefore, this article recommends that in order to avoid reducing its role in helping the middle to lower financially, the BMT must adjust to innovation, integration, interconnection with fin-tech companies.  

Islamic Finance and Development in Malaysia

2021 ◽  
Author(s):  
Fulya Apaydin
Keyword(s):  
Interest Rates ◽  
Capital Accumulation ◽  
Islamic Finance ◽  
Financial Industry ◽  
Consumer Durables ◽  
Banking And Finance ◽  
International Investors ◽  
Islamic Economic ◽  
Institutional Legacies ◽  
Financial Transactions

From a historical perspective, Islamic economic institutions have not been conducive to capital accumulation in Muslim societies (Kuran 2004, 2011). This has been further hampered by a lack of trust among different faith communities, where Muslims were historically charged higher interest rates by non-Muslim financiers (Kuran and Rubin 2018). Despite these institutional legacies, Islamic banking and finance has grown rapidly in the Muslim world over the past few decades. In some countries, Islamic finance is no longer considered a niche field, as the total volume of halal exchanges constitute a substantial share in the overall amount of financial transactions. This chapter focuses on the role of Islamic finance in development and argues that this relationship is further influenced by the conditions under which private money creation occurs. In particular, the case of Malaysia is a good example that showcases how the building of market institutions is not enough to stimulate equitable development: while an extensive network of Islamic finance institutions attract domestic and international investors, much of the loans extended by these banks finance real-estate and consumer-durables purchases. Islamic banks are less willing to extend credit to small and medium-sized businesses on the grounds of perceived high risk. The key beneficiaries of the Islamic financial industry are large financial corporations that raise capital via issuing Islamic equity, and governments that diversify their debt composition using shariʿa-compliant bills and bonds.

Qualification murders

2017 ◽  
Author(s):  
Denis Goncharov
Keyword(s):  
Law Enforcement ◽  
Graduate Students ◽  
Criminal Proceedings ◽  
Practical Guide ◽  
Procedural Law ◽  
Scientific Practical

In the scientific-practical guide analyzes the main provisions of the theory of qualification of crimes from the standpoint of the criminal, substantive and procedural law. Based on this, recommendations for the skill of killing, discusses the problem of correct assessment of the type of crime that occurs at different stages of criminal proceedings. The manual is intended for the students trained on a speciality (direction) Jurisprudence, graduate students, researchers, practical workers of law-enforcement sphere.

scholarly journals Large Scale Personalized Categorization of Financial Transactions

2019 ◽  
Vol 33 ◽  
pp. 9365-9372
Author(s):  
Christopher Lesner ◽  
Alexander Ran ◽  
Marko Rukonic ◽  
Wei Wang
Keyword(s):  
Foreign Language ◽  
Small Businesses ◽  
Major Part ◽  
Large Scale ◽  
Recommendation System ◽  
Financial Accounting ◽  
Financial Industry ◽  
Business Transactions ◽  
Accounting Software ◽  
Financial Transactions

A major part of financial accounting involves tracking and organizing business transactions over and over each month and hence automation of this task is of significant value to the users of accounting software. In this paper we present a large-scale recommendation system that successfully recommends company specific categories for several million small businesses in US, UK, Australia, Canada, India and France and handles billions of financial transactions each year. Our system uses machine learning to combine fragments of information from millions of users in a manner that allows us to accurately recommend user-specific Chart of Accounts categories. Accounts are handled even if named using abbreviations or in a foreign language. Transactions are handled even if a given user has never categorized a transaction like that before. The development of such a system and testing it at scale over billions of transactions is a first in the financial industry.

scholarly journals Prinsip Kebebasan Hakim dalam Memutus Perkara Sebagai Amanat Konstitusi

2016 ◽  
Vol 12 (2) ◽  
pp. 217
Author(s):  
Firman Floranta Adonara
Keyword(s):  
State Power ◽  
Judicial Independence ◽  
Electronic Media ◽  
Judicial Power ◽  
Pressure Groups ◽  
Procedural Law ◽  
Law And Justice ◽  
The Republic ◽  
The Government ◽  
Influential Individuals

The principle of judicial independence is part of the judicial power. Judicial power is independent of state power to conduct judiciary to uphold law and justice based on Pancasila and the 1945 Constitution, for the implementation of the legal state of the Republic of Indonesia, as requested Article 24 of the 1945 Constitution principle of judicial independence in carrying out his duties as a judge, it can give you the sense that judges in performing their duties of judicial power should not be bound by any and / or pressured by anyone, but free to do anything. The principle  of judicial independence is an independence or freedom possessed by the judiciary for the creation of a decision that is both objective and impartial. The Indonesian judges understand and implement the meaning of judicial independence as a responsible freedom, freedom in order corridor legislation applicable to the principal duty of the judicial authorities in accordance procedural law and regulations in force without being influenced by the government, interests, pressure groups , print media, electronic media, and influential individuals.

scholarly journals Financial Technologies for Accepting Transactions Using Block Chain Technology and Crypto Currency in Digital Marketing

2021 ◽  
Vol 3 (4) ◽  
pp. p23
Author(s):  
Mohammadali Shahbandi
Keyword(s):  
Digital Marketing ◽  
Innovative Technology ◽  
Financial Industry ◽  
New Paradigm ◽  
Statistical Population ◽  
Crypto Currency ◽  
Potential Benefits ◽  
Block Chain ◽  
Financial Transactions ◽  
Start Ups

Recently, block chain technology as an innovative technology has attracted attention and spread. Its potential benefits have led organizations to decide to adopt the technology. Therefore, this research aims for FinTech start-ups to accept financial transactions using block chain technology and crypto currency in digital marketing for the use of users. The present study is a survey and a researcher-made questionnaire. The statistical population of this study includes experts in the field of cryptocurrency and block chain who are scientifically or experimentally familiar with this field. This study shows that FinTech introduces a new paradigm in which information technology drives innovation in the financial industry. As a changing game, FinTech is a destructive innovation that is able to stimulate traditional financial markets. Investors in emerging markets are looking for innovation to gain a foothold.

Legal Devices, Law Enforcement, Facilities and Infrastructure

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Mia Lasmi
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Litigation ◽  
Main Task ◽  
Law Enforcement Agencies ◽  
Procedural Law ◽  
The Law ◽  
Law And Justice

Abstract The importance of law enforcement agencies or the judiciary that can help enforce the law to resolve the problems its faces. Therefore, the main task of the court is to maintain the law, both in the form of criminal law and civil law. In the case of civil procedural law, it is a legal regulation that regulates how a person processes civil litigation in front of a court session and how the court processes in accepting, examining, adjudicating and deciding cases and how the process of implementation is in order to maintain the existence of material civil law. Generally, in the enforcement of law and justice, there are several elements, namely: elements of law enforcement, elements of justice seekers, elements of legal instruments (legal / regulatory material), and elements of infrastructure all of which become an integrated unit. The four elements have the same opportunity to be a support and obstacle in the implementation of law enforcement and justice in the field of Shari'ah economy

scholarly journals ANALISIS FIQH MUAMALAH TENTANG HYBRID CONTRACT MODEL DAN PENERAPANNYA PADA LEMBAGA KEUANGAN SYARIAH

2014 ◽  
Vol 10 (2) ◽  
Author(s):  
Ali Amin Isfandiar
Keyword(s):  
Financial Institutions ◽  
Hybrid Models ◽  
Islamic Banks ◽  
Financial Industry ◽  
Contemporary View ◽  
Islamic Financial Institutions ◽  
Financial Transactions

This paper is intended to analyze philosophically about the existence of a hybrid contract (english) or al-‘Uqûd al-Murakkabah (Arabic) or multiakad (Indonesia). Search focused on the opinion of scholars of hadith and fiqh (muamalah), as well as its application in Islamic Financial Institutions. This is important, because, in the form of a single contract is not able to respond to contemporary financial transactions which always move and are affected by the financial industry both nationally, regionally and internationally. By using qualitative and literature method, the study concluded that, firstly, fiqh muamalah contemporary view of the hadith related to contract hybrid models lead to the editorial about the ban of bai’ataini fi bai’atin (two sale and purchase in the sale), ban of shafqataini fi shafqatin (two agreements in the deal) and the prohibition of bay’ and the salaf (sale and purchase agreement and ordering of goods), secondly, the construction of contract hybrid models in Islamic banks is addressed to the construction of al- ‘Uqûd al-Mutaqâbilah (dependent or conditional contract), which implemented on Guarantee Bank (BG), and al-‘Uqûd al-Mujtami'ah (same type contract), which implemented on the Housing Financing.

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